Civil‑liberties groups oppose House Bill 1322; committee hears vagueness and bail concerns

The committee heard testimony on House Bill 1322, which would amend the riot statute (proposed change to OCGA 16‑11‑130) and, according to witnesses, reclassify certain conduct from misdemeanor to felony.

Brandy Blue of the ACLU of Georgia testified the bill's current wording is "extremely broad" and could let actions of a few be used to characterize an entire gathering as "tumultuous," exposing peaceful participants to severe penalties. "A person doesn't need to actually commit an act of violence to be charged with rioting under this definition," Blue said, arguing the statute should be clearer before higher penalties are imposed.

Brian Hines of the Georgia Association of Criminal Defense Lawyers cited Smallwood v. State and raised void‑for‑vagueness concerns, noting courts require statutes to give ordinary persons fair warning of prohibited conduct. Hines warned that elevating penalties to a felony range increases constitutional scrutiny and the risk of arbitrary enforcement.

David Shafer of Common Cause Georgia said the bill appears to fold riot into the state's bail statute (OCGA 17‑6‑1(a)), putting it on the same footing as murder and aggravated assault for bail decisions. He urged lawmakers to consider the bail implications before elevating the offense.

Committee members took testimony and discussion but the transcript shows the matter was not finally decided; the chair said members would take the item up again at 08:00 the next morning and adjourned the session.